and must involve a certain degree of physical or mental suffering on the part of the person, which depends on the duration of the treatment, the physical or psychological effects of the treatment and state of health of the person.72 162. The Court further recalls its position in the above cited Mugesera judgment that States have an obligation to provide prisoners with “necessary conditions of a dignified life, including food, water, adequate ventilation, an environment free from disease, and the provision of adequate healthcare.”73 163. In the instant case, the Court notes that the main issue arising is that of burden of proof which in principle, as earlier recalled, lies on the Applicant who makes the allegation.74 The Court further notes that as per its consistent case-law, it has resorted to a relatively flexible approach to dealing with evidentiary issues based mainly on the rule that once the Applicant makes a prima facie allegation, the burden shifts to the Respondent State to disprove the same.75 As a general evidentiary principle, the burden then shifts back to the Applicant only where the Respondent State has adduced sufficient controverting evidence. 164. The Court takes note of the Applicant’s allegations of deprivation of food, poor sleeping conditions, detention in solitary confinement and lack of adequate medical care. The witness statement provided by the Applicant expounds on the conditions to include overcrowding, inadequate food, poor sanitation, and insufficient medical care; three inmates sleep together in one room on mattresses on the ground; lack of mosquito nets; lack 72 Ibid, § 81. Ibid, § 103. 74 Makungu Misalaba v. United Republic of Tanzania, ACtHPR, Application No. 033/2016, Judgment of 7 November 2023 (merits and reparations), § 172; George Maili Kemboge v. United Republic of Tanzania (merits) (11 May 2018) 2 AfCLR 369, § 51. 75 Leon Mugesera v. Republic of Rwanda (judgment) (27 November 2020) 4 AfCLR 834, § 33; Kennedy Owino Onyachi and Charles John Mwanini Njoka v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 142. 73 46